We're going to be talking about garden fencing and planning, we feel this is a useful topic and of benefit to our readers. It's a quick guide to give you a better idea of what you can and can't do, and when you should seek advice from a professional. We hope you find it useful.
Is it necessary to fence your boundaries on you own land?
To find the answer it may be of use to look to your property titles first, you will find these with the Land Registry. If your land is unregistered then you will find your answer in the deeds.
If you have animal stock, such as cows and sheep, there is a legal obligation to fence off the land. It is necessary to fence off animals in this way so as to protect people's safety.
Other than that, there is no common law requirement or statutory legal requirements to erect a boundary to your land, especially if it does not say this in the property's deeds. Naturally however it is a good idea to have something that denotes ownership of the land, even if you don't have livestock. For instance, if you have a dog, or any kind of domestic pet it will need to be contained within the boundaries of your property.
Who Owns Garden Fencing?
People often ask whether the fence on the left-hand side of a property is owned by the house owner. You can see which boundary fence belongs to who by looking out for what's known as T marks. This T mark will be drawn on the side of the property which they own and are therefore responsible for that boundary fence.
However, the left side of the fence ownership, if you're viewing it from the street, is not true unless you live in a row of terraced houses, but owners at the far right of the terrace, at the end, will be responsible for all of their fences and not just the ones on the left-hand side.
Coming back to the T mark, even though a T mark will indicate that a fence belongs to the property who will have responsibility for maintenance and erection of that boundary, if it was erected by the neighbouring property, then they will have ownership, even if the deeds dictate that you own it.
Sometimes a T mark may show a H instead of a T, this symbolises two Ts and means that the responsibility of a particular boundary is shared between two properties. It is always best to keep lines of communication open with your neighbours and be aware of who owns which boundary, and hopefully you can come to an amicable agreement of who does what.
Whoever owns which boundary, as we've seen today, it’s not always as cut and dried as we'd like it to be. However, what is important is that you talk to your neighbours and always be in agreement about who does what and who is responsible for their side of the fence. Also important is to check the Land Registry or your property's deeds.
First Class Garden Fencing
If there's anything you'd like to ask us about the garden fencing on your property, then get in touch with us here at Lothian Decking & Fencing in West Lothian, we'll be happy to help.